Attorney fees on MSA funds confirmed in N.J.By Brad E. BleakneyNovember 2011The New Jersey Superior Court recently considered whether Medicare regulations and CMS allowed an attorney to recover attorney fees for creating a settlement obtained on behalf of a client in a civil suit from the Medicare set aside funds itself.

Chairman Mitch Weisz interviewBy Richard D. HanniganNovember 2011Learn more about the various procedural and substantive changes that have come about as a result of the workers’ compensation reform signed by Governor Quinn on June 28, 2011.

How to avoid the “penalty box”By Christine M. OryJune 2011Respondents can be tagged for penalties under Sections 19k, 19l and attorneys’ fees under 16 if they do not have justification for delaying or denying benefits. To defeat penalties, respondents must put forth a legitimate dispute.

Involuntary merger of 8(e) specific loss into 8(d)1 wage differential awardBy Brad E. BleakneyNovember 2011Even where there is competent medical evidence presented of a full duty return to work accompanied by a medical opinion stating that the condition of ill being was in fact permanent and causally related to the first date of accident, it may not be enough to sustain a separate award for specific loss under 8(e) where there is a finding of subsequent, intervening accidents to the same part of the body that subsequently resulted in a wage a reduction.

Jeffrey Cox v. The Illinois Workers’ Compensation CommissionBy Rita E. MulcahyFebruary 2011The First District Appellate Court ruled that an injury that occurs while a traveling employee, driving a company vehicle, is in the process of returning to his route home arises out of and in the course of employment.

New limitation applied to recovery of medical payments under Section 8(a)By Arnold G. Rubin and Catherine Krenz DoanJune 2011Tower Automotive v. Illinois Workers Compensation Commission is an extremely significant case, and will have a significant impact on those claims for medical benefits prior to February 1, 2006, the effective date of the amendment to Section 8(a) in 2005. 820 ILCS 305/8(a).

Returning to the course of employmentBy Noah A. FrankNovember 2011Employers who have policies regarding personal deviations should enforce those policies. A pattern and practice of discipline demonstrates that policy violation is not tolerated, and that the employee has removed himself from the sphere of employment.

Wage differentials: Is it all just speculation?By Carol A. HartlineJune 2011A look at the recent case of United Airlines v. Workers' Compensation Comm'n, which addressed what could be allowed in as evidence to determine an 8(d)(1) award.

Who has jurisdiction over workers’ compensation fraud?By Richard D. HanniganAugust 2011Because the petitioner’s case involved questions of fact and not law, the circuit court lacked jurisdiction to hear the fraud complaint and found that the Illinois Workers’ Compensation Commission is the proper jurisdiction.